FACTS:                    

A husband and wife are both tenants under the lease.  Several months into the tenancy, the wife obtained an injunction against harassment, against the husband for domestic violence.  The wife does not want to terminate the lease, but has asked the property manager to change the locks for her safety. 

ISSUE:                      

Can the landlord change the locks, even though the husband is identified as one of the tenants on the lease?

ANSWER:                

Yes.

DISCUSSION:         

Pursuant to the Residential Landlord Tenant Act, at the tenant’s request, if a tenant is a victim of domestic violence a landlord is required to “install a new lock to the tenant’s dwelling if the tenant pays for the cost of installing the new lock.”  A.R.S. § 33-1318(E).  Additionally, the landlord is not required to provide a new key to the person who committed the domestic violence, even though that person is identified as a tenant on the lease.   A.R.S. § 33-1318(F).